, 1887-04-21

commission says: Careful reading OF
the "act to regulate, the commission
ers," under which the commission or
ganized, will show petitioners and
others who have made similar appli-
cations, that no jurisdiction has been
given TO us TO answer questions like
the SO under consideration. Two Sec
tions of the law confer power upon the
commission to entertain and decide ap.
plications and petitions. Section four
empowers us upon application by
common carrier, to authorize such
common carrier in special cases TO
charge less for longer than for u
shorter distance over the same line,
and also to prescribe the extent OF re-
lief from the operation OF the
former part Of the same
section, which designated what
common carrier may from time to time
enjoy. 1t is obvious that applications
like those of railway conductors and
the Traders and Travellers union have
no relation whatever to the duties inn
posed upon us by section forty-one
and this is the only section of the law
which the commission has power TO
suspend or relax. Section thirteen au.
thorizes complaints to commission
and confers jurisdiction to entertain
the same, but neither railrord con.
ductors nor the traders and travellers
union complain that any common
carrier has violated the law. They
present no complaint of any thing
done or omitted from the provisions
OF the law. If the railway company
should issue pass to u conductor
and his family to attend the approach
ing convention, or should transport
300 pounds of baggage
free for commercial traveller
under the registry and indemnity
system, and some person feeling
aggrieved should make q complaint
of unjust discrimination, 1t would
be then proper for the commission to
entertain the question OF whether
conductor was or was not violating the
law, and if so, whether it is or is not
within the exceptions as stated within
section twenty-five. Complaints may
also be presented if charges made by
carriers are not considered reasonable
and just. But until questions of this
kind come before us in Il way clearly
indicated by statute it would be worse
than useless for us to express our
opinions or give ADVICE. We should
not only lay ourselves open to a
charge of assuming unwarranted
authority, but should also run great
risk of involving all concerned in
what the courts might afterward hold
to be breaches of the law by hasty
and ill-timed conclusions, based upon
exparte statements and arguments.
Congress has not taken the manage
ment of railroads out of the hands of
railroad companies, it has simply es-
tablished certain general principles un-
der which Interstate commerce must
be conducted 1t has enacted in sec
tions one "that all charges for inter-
state transportation shall be reasonable
and just" it has prohibited in section
two all manner of unjust discrimina-
ton, has forbidden in section three all
undue and unreasonable preferences
and advantages, has required in the
same section reasonable and equal faci-
lities for Interchange of traffic, and
has prohibited in section five the
pooling of freights. That in substance
is the interstate law, there is nothing
novel in these provisions. They simply
carriers to the well settled principles
OF common law, yet no one
can deny that there was urgent need
OF their statutary formulation. The al
legged difficulties in putting them in
operation only disclose examples of
the extent to which they have been
violated in the past. Referring to
complaint that fines for violation of
law, whether intentional or not, are ex-
borbitant the commission says if good
faith is exhibited in an honest effort
to carry out the requirements of the
law it will involve the officials in no
danger of damages or fines. The
elasticity OF the statute in their favor
is noticeable. Throughout the act as
it now stands in the confessedly ex
perimental form there is exhibited
an abvious and generous
purpose to allow to corporations
ample scope in carrying on
Of their business as common carriers
for the people and fair consideration of
every reasonable claim, while insisting
upon just, impartial, open and con-
sistent rates to which every citizen
shall be subjected alike whose situa-
ton is the same. Surely the people
could not ask for less. The language
and tenor, of the act wholly fail to
justify railroad managers, if any such
there be, who refuse to accept the re-
sponsibilities, decline to offer rates, fail
to announce conditions of traffic, en-
barrass the customary change of bust
ness, and expose stagnatian on trades
while they "stick in the bark" Of the
phrases and expressions of the law,
inventing doubts and imaginary dan
ger. AS the law is practically applied
it is said to contain many points OF
advantage to economical and profit
able management OF the business OF
rriers which thea, haun not han,a